My husband and I separated in December 2008 but he didn't not want to file papers for a legal separation. Can I still file taxes as Legally Separated? Or do we have to file together or married filing separately?

You are still married. If you did not live with your spouse for last 6 months, you can be Head of Household if you have a qualifying dependent.

You are still married. If you did not live with your spouse for last 6 months, you can be Head of Household if you have a qualifying dependent.